[Michaelf492]

I am a non-custodial father of a child which no longer resides in the State of Texas. The child and his mother live in another state. Can the State of Texas continue to enforce Child Support Laws on me or garnish additional jobs that I may acquire or does it fall to the state that the child and mother now reside in?

[ScottGem]

The state that the custody order was issued in retains jurisdiction as long as one of the parents continue to reside in that state. So it is up to Texas to continue to enforce the order. They may work with the state the custodial parent resides in to disburse what was collected.

The reverse is also true. If you moved, but the mother and child remained in Texas, they would still be responsible for collection.

I'm curious as to why you ask this. Does it really matter who collects the money as long as the correct amount is collected and that it goes to the custodial parent?

[Michaelf492]

Scott,
Maybe I did not ask the right question. The Mother lives in another state and I reside in another country. However the Texas continues to garnish my wages for child support. Does Texas still have the right to garnish my wages if neither me nor the mother continue to live in that State? And When she moved out of that State I was unaware, does that fall under child kidnapping? And under the original court order the child's birth certificate was supposed to reflect my last name, however she continues to use the original birth certificate for school enrollment and to take him on trips out of the country that is reflective that he has no father, what legally can I do? And who or how do I petition the Texas Court system to turn off the garnishment for which neither her nor I live or reside under?

[this8384]

Scott,
Maybe I did not ask the right question. The Mother lives in another state and I reside in another country. However the Texas continues to garnish my wages for child support. Does Texas still have the right to garnish my wages if neither me nor the mother continue to live in that State? And When she moved out of that State I was unaware, does that fall under child kidnapping? And under the original court order the childs birth certificate was supposed to reflect my last name, however she continues to use the original birth certificate for school enrollment and to take him on trips out of the country that is reflective that he has no father, what legally can I do? And who or how do I petition the Texas Court system to turn off the garnishment for which neither her nor I live or reside under?

How long ago did she move? How long was she relocated before you became aware? Who moved first - her or you? Do you have a court order granting you visitation with the child? These questions need to be answered before accusations of kidnapping can start being made.

I don't really know what you can do to "make" her use your last name for the child. Since you mentioned an "original" birth certificate, it sounds to me as if you were not present at the time the child was born and later went to court and had the certificate modified... is that correct?

Even if you manage to successfully terminate your support order in Texas, odds are a new case will be opened in the state your ex is currently residing in with the child. So as Scott said, it doesn't really matter who collects it as long as they're collecting the right amount and getting it to the custodial parent.

[ScottGem]

That's why I asked why you asked the question. Frequently people do ask a question that they think is what they need to know, but when the full situation is explained the real answer may be different.

This8384 asked you several questions that we need to know before we can really help. Please answer all those questions.

I can tell you that, until a change of venue is requested, Texas will continue to enforce the order of support and they have every right to. But, since both parents have moved, the mother can now apply to have jurisdiction changed to where she and the child reside. Again, it really doesn't matter who is collecting support though as long as the amount is correct and the mother is getting what is due.

It would not be kidnapping if you have been kept informed of their whereabouts. Parental kidnapping applies only when one parent hides from the other. However, The timeline of who moved when matters greatly here. What also is important is what the court orders say about visitation and about the change in the birth certificate. Do you know if an amended birth certificate was issued?

[Michaelf492]

That's why I asked why you asked the question. Frequently people do ask a question that they think is what they need to know, but when the full situation is explained the real answer may be different.

This8384 asked you several questions that we need to know before we can really help. Please answer all those questions.

I can tell you that, until a change of venue is requested, Texas will continue to enforce the order of support and they have every right to. But, since both parents have moved, the mother can now apply to have jurisdiction changed to where she and the child reside. Again, it really doesn't matter who is collecting support though as long as the amount is correct and the mother is getting what is due.

It would not be kidnapping if you have been kept informed of their whereabouts. Parental kidnapping applies only when one parent hides from the other. However, The timeline of who moved when matters greatly here. What also is important is what the court orders say about visitation and about the change in the birth certificate. Do you know if an amended birth certificate was issued?

First and foremost, I did not join this site to argue, or to make a point, however I did join looking for answers and insight. To address "this8384". Where do you see in the statements and questions that I made accusations of kidnapping? I asked a question. No accusations were made. But I bet you’re a mother or at least female.

To answer "this8384" questions:

Q: How long ago did she move?
A: About a year ago, not completely sure.

Q: How long was she relocated before you became aware?
A: I was notified by my parents of the move about 3 months ago.

Q: Who moved first - her or you?
A: I moved first due to governmental obligations and duties to the United States.

Q: Do you have a court order granting you visitation with the child?
A: Yes, I am allowed custody to wherever my location venue is every 2nd and 4th weekend, all odd year major US holidays, all even and odd years school summer breaks and all odd and even year spring breaks. She is required by court order to meet me half way on distance wherever I may be and relinquish the child to me. I in turn upon termination of the time limits return him to the agreed half way point to be picked up by his mother.

To address ScottGem's question:

Q: I'm curious as to why you ask this. Does it really matter who collects the money as long as the correct amount is collected and that it goes to the custodial parent?
A: The correct amount being collected does not bother me, the State of Texas however Attorney General’s office and Civil Court system ignores the Parental rights of the Father moreover than the Mother, especially when the Father is the non-custodial parent. Having them in charge of this entire situation is what bothers me.


Let me provide some background information first.

1. I was unaware of the Child's birth until one year and 2 months after the birth. After which I was notified by Texas for DNA tests and then to Court.
2. I was hit with over $20K in arrears. I paid almost double for almost 3 1/2 years support and arrear payments. One month I fell behind because of mistakes made at the finance office of my employer and Texas was notified on official documents and telephonically of the mistake and was assured by the Federal Government that the mistake would be rectified no later than the next month with the back amount owed. Texas in their infinite wisdom seized all of my banking accounts in excess of $8K and used the missed payment as the excuse to do so. Thus all of my Banking accounts now are no longer within the reach or authority of Texas.
3. Upon arrival to one of my visitation, her parents informed me that she had left and they knew not her whereabouts, however my child was in their custody and sick because he was drinking out of the toilet due to thirst and living conditions of her parents.
4. I took custody of the child at that point, took the child for medical care and filled abandonment grievances against her in court. I also submitted documentation as to when the child was initially born, she put the child on the door step of a stranger’s house and left town. I also submitted the facts and documentation whereas she had lost custody of two other children that she had with another non-spouse where she abandoned them as well in another state and the court records from that state. I provided evidence of her unemployment and living conditions with multiple partners that allowed her to live freely until they got tired of her being a bum and a mooch, refusing to get a job. All of that information was provided by her parents on sworn statements and I hired a PI to gather and verify the truth. In which I was provided additional sworn statements and court records. I showed e-mail correspondence where as she was boasting how she was able to purchase a new car, new clothes, jewelry and personal things for herself from my double CS payments. All along while my child was living with her parents as she lived wherever she desired.
5. I presented all of this to the State of Texas attempting to gain custody of my child, however I am not a residence of Texas. The Great State of Texas in their INFINTE bull wisdom still told me to return the child to the mother and in their opinion the child should always be with the mother regardless.
6. It may be racial or sex discriminatory. "Not making accusations (this8384)”. I am just unsure, however the mother is Hispanic and I am white. The entire court venue, judge, reporter, attorney general reps, bailiff, register all court personnel were Hispanic females. Both of my Lawyers were female and always when the judge was addressing them She was always courteous, however when addressing me she was very aggressive and disrespectful. The mother retained no representation on her behalf.

So what the is up with all of that??

[Michaelf492]

And this8384, yes the Original Court Venue addressed and ordered that the Birth Certificate be modified to reflect my last name. And I have a additional copy of the date/time and delivery document that the modified certificate was presented to her by Texas.

[ScottGem]

First, where do you see any arguing? I reviewed the whole thread and all I see are responses trying to help you. You DID ask about kidnapping so This8384's response was totally appropriate. I really don't understand what you are talking about though now understand why you are angry. But don't direct your anger at us, we're trying to help you.

Here's the problem, since both of you have moved from Texas, you can petition for a change of jurisdiction. However, that change would probably have to be filed where the child lives. If the mother is happy with the current arrangement I'm not sure you can get it changed.

Here's another problem you have. You say she moved away about 9 months before you became aware of it. However, your visitation is every other weekend. So that means that you approximately 9 months you were not exercising your visitation. What contact did you have with the child during those 6 months? When you had to move, and I assume the move was far enough to not allow for alternate weekend visitation, then you should have applied for a modification in the visitation schedule at that point.

Did you have an attorney when you tried to get custody? I agree from your description this appears to be a miscarriage of justice. Using a local Hispanic attorney might have helped you.

But that really doesn't help you now. As I said, until a change of jurisdiction is applied for Texas will continue to have jurisdiction. That much is clear. Whether you can apply for jurisdiction before you can get custody is another question and frankly I doubt it. Have you visited the child where the mother resides now? Maybe you can get that local CPS involved who may see the facts that the mother is not providing adequate care. One thing you should do is contact the school system where the child is registered. Show them the court order stating what the legal name of the child is and insist the child be registered under that name.

So my advice to you is to consult with a family law attorney in the area where the original order was issued. See what they say about the best way for you to proceed to try an get custody. That should be your focus. If you can get custody the rest becomes moot. (BTW it might be better not to act on the name issue, it might help to show how the mother is defying the court order).

[this8384]

First and foremost, I did not join this site to argue, or to make a point, however I did join looking for answers and insight. To address "this8384". Where do you see in the statements and questions that I made accusations of kidnapping? I asked a question. No accusations were made.

Silly me. I thought when you wrote this:

Scott,
Maybe I did not ask the right question. The Mother lives in another state and I reside in another country. However the Texas continues to garnish my wages for child support. Does Texas still have the right to garnish my wages if neither me nor the mother continue to live in that State? And When she moved out of that State I was unaware, does that fall under child kidnapping? And under the original court order the childs birth certificate was supposed to reflect my last name, however she continues to use the original birth certificate for school enrollment and to take him on trips out of the country that is reflective that he has no father, what legally can I do? And who or how do I petition the Texas Court system to turn off the garnishment for which neither her nor I live or reside under?

You were asking about kidnapping. Apparently you meant something else that no one but you understood.

But I bet you're a mother or at least female.

And you're a sexist. What about my answer indicated any of that to you?

To answer "this8384" questions:

Q: How long ago did she move?
A: About a year ago, not completely sure.

Q: How long was she relocated before you became aware?
A: I was notified by my parents of the move about 3 months ago.

Q: Who moved first - her or you?
A: I moved first due to governmental obligations and duties to the United States.

Q: Do you have a court order granting you visitation with the child?
A: Yes, I am allowed custody to wherever my location venue is every 2nd and 4th weekend, all odd year major US holidays, all even and odd years school summer breaks and all odd and even year spring breaks. She is required by court order to meet me half way on distance wherever I may be and relinquish the child to me. I in turn upon termination of the time limits return him to the agreed half way point to be picked up by his mother.

I find this extremely hard to believe. I have never in my life seen a court order visitation rights twice a month to a parent residing in another country. Summer vacation, holiday breaks, etc. - yes. Twice a month to travel to another country - absolutely not. I think this order was entered before you moved and you somehow think it should still apply.

To address ScottGem's question:

Q: I'm curious as to why you ask this. Does it really matter who collects the money as long as the correct amount is collected and that it goes to the custodial parent?
A: The correct amount being collected does not bother me, the State of Texas however Attorney General's office and Civil Court system ignores the Parental rights of the Father moreover than the Mother, especially when the Father is the non-custodial parent. Having them in charge of this entire situation is what bothers me.

You moved out of the country for your job, and that's the fault of the state of Texas? Are you joking? What rights have you been denied that were not a problem created by yourself? As Scott already pointed out, you missed at least 9 months of your visitation time and didn't think there was a problem - now you're pissed at Texas for "not enforcing your rights"? Give me a break...

Let me provide some background information first.

1. I was unaware of the Childs birth until one year and 2 months after the birth. After which I was notified by Texas for DNA tests and then to Court.
2. I was hit with over $20K in arrears. I paid almost double for almost 3 1/2 years support and arrear payments. One month I fell behind because of mistakes made at the finance office of my employer and Texas was notified on official documents and telephonically of the mistake and was assured by the Federal Government that the mistake would be rectified no later than the next month with the back amount owed. Texas in their infinite wisdom seized all of my banking accounts in excess of $8K and used the missed payment as the excuse to do so. Thus all of my Banking accounts now are no longer within the reach or authority of Texas.
3. Upon arrival to one of my visitation, her parents informed me that she had left and they knew not her whereabouts, however my child was in their custody and sick because he was drinking out of the toilet due to thirst and living conditions of her parents.
4. I took custody of the child at that point, took the child for medical care and filled abandonment grievances against her in court. I also submitted documentation as to when the child was initially born, she put the child on the door step of a stranger's house and left town. I also submitted the facts and documentation whereas she had lost custody of two other children that she had with another non-spouse where she abandoned them as well in another state and the court records from that state. I provided evidence of her unemployment and living conditions with multiple partners that allowed her to live freely until they got tired of her being a bum and a mooch, refusing to get a job. All of that information was provided by her parents on sworn statements and I hired a PI to gather and verify the truth. In which I was provided additional sworn statements and court records. I showed e-mail correspondence where as she was boasting how she was able to purchase a new car, new clothes, jewelry and personal things for herself from my double CS payments. All along while my child was living with her parents as she lived wherever she desired.
5. I presented all of this to the State of Texas attempting to gain custody of my child, however I am not a residence of Texas. The Great State of Texas in their INFINTE bull wisdom still told me to return the child to the mother and in their opinion the child should always be with the mother regardless.
6. It may be racial or sex discriminatory. "Not making accusations (this8384)”. I am just unsure, however the mother is Hispanic and I am white. The entire court venue, judge, reporter, attorney general reps, bailiff, register all court personnel were Hispanic females. Both of my Lawyers were female and always when the judge was addressing them She was always courteous, however when addressing me she was very aggressive and disrespectful. The mother retained no representation on her behalf.

So what the is up with all of that??????????????????????

What is "up" with all of that is that the mother was the primary caregiver - you were absent. The judge felt it was in the child's best interest to leave the child with the mother, rather than you.

Based upon your attitude here which was excessively disrespectful and argumentative, I feel there is much more to your story that you're not sharing. That's my opinion on that matter.

@Scott- He stated that he's had two female attorneys. The judge was "nice" to them and a big meanie pants to him because he's a man... how dare her. *rolls eyes*

[ScottGem]

I don't want this to become a fight. I understand the OP's anger but to direct it at people trying to help was way off base.

I find this extremely hard to believe. I have never in my life seen a court order visitation rights twice a month to a parent residing in another country.

However, I have to point out that you may have misunderstood this aspect. The way I read it, the visitation order was issued while the OP and the mother were living in Texas. It was only afterward that he was transferred out of the country.

In rereading, the OP's explanation he states that he believes part of the reason the custody ruling when against him was because he's not a resident of Tx. I took this to mean that he was living in Tx on temporary assignment. But now I'm wondering if the custody hearing occurred after he was assigned outside the country.

So lets put the anger aside.
This,
You had every right to be angry at Michael's response to you so I've let the response stand, But lets try to turn to helping him instead of further anger.
Michael,
You appear to be justified in your anger, but again there is no reason it should have been directed at people trying to help. You owe This8384 an apology. And we do need some further clarification of the timeline here.

[this8384]

The way I read it, the visitation order was issued while the OP and the mother were living in Texas. It was only afterward that he was transferred out of the country.

That's exactly how I read it, which is why I think it's ridiculous that he's raging against the state of Texas for not "helping" him when he is choosing not to exercise his parental rights. The court order is not going to be enforced as it stands when the circumstances have changed so substantially. That's why I wrote:

I think this order was entered before you moved and you somehow think it should still apply.

Nobody did anything against him, yet he's slinging allegations of sexism, racism and bias at anybody who dares to disagree with him. That kind of attitude makes me think there's about a thousand more angles to this story.

[JudyKayTee]

I lose interest whenever the person posting "lost" because the Judge was a female (or a male) and the parties somehow had a bond which the reasoning of the OP couldn't break.

Another thread that hopefully the opposing party will read and recognize. Too much anger for the children to live with.

[ScottGem]

Nobody did anything against him, yet he's slinging allegations of sexism, racism and bias at anybody who dares to disagree with him. That kind of attitude makes me think there's about a thousand more angles to this story.

What I looked at was his claims of abandonment and abuse on the part of the mother that were, apparently, ignored by the courts. I was focusing on these points:

3. Upon arrival to one of my visitation, her parents informed me that she had left and they knew not her whereabouts, however my child was in their custody and sick because he was drinking out of the toilet due to thirst and living conditions of her parents.
4. I took custody of the child at that point, took the child for medical care and filled abandonment grievances against her in court. I also submitted documentation as to when the child was initially born, she put the child on the door step of a stranger's house and left town. I also submitted the facts and documentation whereas she had lost custody of two other children that she had with another non-spouse where she abandoned them as well in another state and the court records from that state.

If the courts gave a child back to a mother after documenting these abuses, I would certainly be angry at that court. I would also assume the court was biased based on some external factors.

[this8384]

What I looked at was his claims of abandonment and abuse on the part of the mother that were, apparently, ignored by the courts. I was focusing on these points:

If the courts gave a child back to a mother after documenting these abuses, I would certainly be angry at that court. I would also assume the court was biased based on some external factors.

Yes, but as we've told others on this site - one custody case has nothing to do with the other. Just because she lost/surrendered custody of two other children doesn't affect this particular case. Nor does her unemployment or the fact that she was living with her partner(s) outside of wedlock. All of those points do not mean that she is a bad parent. Maybe a foolish person, but not a bad parent.

And his claim that the child was "drinking out of the toilet" sounds excessively far-fetched. While I realize that these things do happen, a child who is so thirsty that they'd resort to drinking from a toilet would exhibit other signs of neglect: dehydration, malnutrition, poor hygiene, poor dental and medical health, etc.

What I'm reading is that this man suddenly showed up in his child's life, tried to take back custody, made numerous allegations against the mother - my assumption is that these allegations were unable to be proven one way or the other and that led to the child being returned to their mother. I see no evidence of the allegations being either proven or documented by anyone other than the OP.

But then again, I wasn't in the courtroom.

[ScottGem]

There is, of course, much more to this story and several unanswered questions.

[twinkiedooter]

If he truly wants to see his child again on a visitation schedule and wants to straighten out his child support problems with the state of Texas he MUST reside somewhere in the US in order for him to change the venue of these proceedings. Right now he's basically on "no man's land" and is unable to do anything legally until his return to the states. I've gotten the feeling that he's just grousing here complaining since we seem nice enough to him to listen to his tale of "woe" for now.

Move back to the states and get yourself an attorney to straighten out this mess. And YES, it can be done once you are in the states again. Trying to do anything at all from a foreign country is going to be worse than impossible!

[ScottGem]

If he truly wants to see his child again on a visitation schedule and wants to straighten out his child support problems with the state of Texas he MUST reside somewhere in the US in order for him to change the venue of these proceedings. Right now he's basically on "no man's land" and is unable to do anything legally until his return to the states. I've gotten the feeling that he's just grousing here complaining since we seem nice enough to him to listen to his tale of "woe" for now.

Move back to the states and get yourself an attorney to straighten out this mess. And YES, it can be done once you are in the states again. Trying to do anything at all from a foreign country is going to be worse than impossible!!

I'm not 100% sure of that. If he is a US Citizen and resident, he should be able to have an attorney act for him in the US. But my reading is that his previous experience in court was while he was still in Texas.

[Michaelf492]

ScottGem:, “First, where do you see any arguing? I reviewed the whole thread and all I see are responses trying to help you. You DID ask about kidnapping so This8384's response was totally appropriate. I really don't understand what you are talking about though now understand why you are angry. But don't direct your anger at us, we're trying to help you.”

Michaelf492: This8384's response originally back was: “How long ago did she move? How long was she relocated before you became aware? Who moved first - her or you? Do you have a court order granting you visitation with the child? These questions need to be answered before accusations of kidnapping can start being made.

Michaelf492: “I asked a question of whether would it be considered kidnapping”, I was not accusing anyone, nor was I making accusations. {personal attacks removed}

This8384:, “Yes, but as we've told others on this site - one custody case has nothing to do with the other. Just because she lost/surrendered custody of two other children doesn't affect this particular case. Nor does her unemployment or the fact that she was living with her partner(s) outside of wedlock. All of those points do not mean that she is a bad parent. Maybe a foolish person, but not a bad parent. And his claim that the child was "drinking out of the toilet" sounds excessively far-fetched. While I realize that these things do happen, a child who is so thirsty that they'd resort to drinking from a toilet would exhibit other signs of neglect: dehydration, malnutrition, poor hygiene, poor dental and medical health, etc.
What I'm reading is that this man suddenly showed up in his child's life, tried to take back custody, made numerous allegations against the mother - my assumption is that these allegations were unable to be proven one way or the other and that led to the child being returned to their mother. I see no evidence of the allegations being either proven or documented by anyone other than the OP. But then again, I wasn't in the courtroom.”

Michaelf492:, “How farfetched is ringworm all over the child's body? How farfetched is sores all inside the child's mouth? How farfetched is most of the child's baby teeth had rotted and fallen out and about the only way to induce protein in the diet is peanut butter and doctor prescribed medicine because the child cannot chew with its gums? The allegations were proven, the doctor and CPS testified to the conditions of the child and living area. The doctor provided medical documentation. CPS provided pictures and sworn statements. The child did exhibit malnutrition and poor hygiene.” The allegations were proven. {unnecessary comments removed}

There has been no anger directed at anyone, except whomever directs or accuses me of making statement without truly reading what is written. Basically reading more than what was written and providing a negative spin on reality. I believe I have asked legitimate intelligent questions, I have provided the most accurate information that I know and have explained in detail the events that have lead me to this site to ask questions.

ScottGem:, “Here's another problem you have. You say she moved away about 9 months before you became aware of it. However, your visitation is every other weekend. So that means that you approximately 9 months you were not exercising your visitation. What contact did you have with the child during those 6 months? When you had to move, and I assume the move was far enough to not allow for alternate weekend visitation, then you should have applied for a modification in the visitation schedule at that point.”

Michaelf492: “I was relocated from Texas in 2006 to another state by my job, she remained in Texas with the child. I continued to exercise my rights under the court order. In 2007 I was again relocated by my job as where I currently reside outside of the US where as you are correct I was unable to exercise my rights under the court order. The only contact that I have had with the child since 2007 is through e-mail, postal mail and telephonic conversation. I was unable to exercise my rights of visitation because she refuses to meet me at the half way point that is court ordered by the state of Texas. When I call or e-mail she refuses to tell me the address of her relocation. The only way I got the new phone number to her current location was through her parents which provided it to me, but could not give exact location information because it was not provided to them.”

ScottGem:, “Did you have an attorney when you tried to get custody? I agree from your description this appears to be a miscarriage of justice. Using a local Hispanic attorney might have helped you.”

Michaelf492: “As I stated before, I had two female attorneys.” Non-Hispanic and non-local.

ScottGem:, “But that really doesn't help you now. As I said, until a change of jurisdiction is applied for Texas will continue to have jurisdiction. That much is clear. Whether you can apply for jurisdiction before you can get custody is another question and frankly I doubt it. Have you visited the child where the mother resides now? Maybe you can get that local CPS involved who may see the facts that the mother is not providing adequate care. One thing you should do is contact the school system where the child is registered. Show them the court order stating what the legal name of the child is and insist the child be registered under that name. So my advice to you is to consult with a family law attorney in the area where the original order was issued. See what they say about the best way for you to proceed to try and get custody. That should be your focus. If you can get custody the rest becomes moot. (BTW it might be better not to act on the name issue, it might help to show how the mother is defying the court order).”

Michaelf492: “Those are good ideas, thank you. Answers like the ones you have provided are very helpful, that is one of the reasons I addressed these questions on this site.”

{unnecessary comments removed}

This8384:, “I find this extremely hard to believe. I have never in my life seen a court order visitation rights twice a month to a parent residing in another country. Summer vacation, holiday breaks, etc. - yes. Twice a month to travel to another country - absolutely not. I think this order was entered before you moved and you somehow think it should still apply.”

Michaelf492:, “The court order was written in 2003. No amendments. In 2007 I was relocated outside the US by my job. I am a US citizen, my child is a US citizen and the mother is a US citizen, all bound by the laws of the US and the states of the US. Whether you agree or disagree is a mute point. She is required by that court order to transfer that child to half the distance and I travel the other half. The closest half way point is the US terrority known as Guam. However many may disagree, but the court order is not amended nor changed and is not specifically reflective only for half way points in Texas, nor any US state, nor any country.” “The mother refuses to meet half way.”

This8384:, “You moved out of the country for your job, and that's the fault of the state of Texas? Are you joking? What rights have you been denied that were not a problem created by yourself? As Scott already pointed out, you missed at least 9 months of your visitation time and didn't think there was a problem - now you're pissed at Texas for "not enforcing your rights"? Give me a break... ”

Michaelf492:, “Once again only you misunderstood. Where at any point in the writings from me on this website did I state that because I was relocated by my job that I was identifying fault to the state of Texas? As I stated to Scott when he questioned the 9 months, “I was relocated from Texas in 2006 to another state by my job, she remained in Texas with the child. I continued to exercise my rights under the court order. In 2007 I was again relocated by my job as where I currently reside outside of the US where as you are correct I was unable to exercise my rights under the court order. The only contact that I have had with the child since 2007 is through e-mail, postal mail and telephonic conversation. I was unable to exercise my rights of visitation because she refuses to meet me at the half way point that is court ordered by the state of Texas. When I call or e-mail she refuses to tell me the address of her relocation. The only way I got the new phone number to her current location was through her parents which provided it to me, but could not give exact location information because it was not provided to them.” And yes I am pissed off for Texas not enforcing my rights! {unnecessary comments removed}

{unnecessary comments removed}

[ScottGem]

I'm glad you came back to add to this thread. But I have to tell you that you are way off base here. You clearly don't have a full understanding of how sites like this work. We have only the information you tell us to go on. And when that information seems to contradict what we know or have experienced, we have to wonder what's missing. You asked about kidnapping. The ONLY logical reason to ask about it is if you were hoping to use that tactic. This8384 did not say you accused anyone, but that before you did, there were more things to consider. You reacted angrily and struck out at her. That started the anger. Even after I tried to explain things to you, you continue to be angry. That anger is evident in your attacks against her. And I will tell you now those attacks stop NOW. If you want to ignore anything she (or anyone) posts you can do that. If you think any posts violates our rules report it. But don't break the rules by attacking them in turn. Ive edited your post to remove some of the attacks, any further such attacks will be removed.

That being said, you are wrong when you think the court order still applies even though circumstances have changed. A visitation schedule is set based on where the parties live at the time. If that changes then the court order becomes unenforceable. If you went to court to enforce her having to meet you half way after moving out of the country, you would be laughed out of court.

On the other hand, she has no right to hide her location from you. That would violate the court order and should get her cited for contempt.

But the bottom line here is until the jurisdiction can be changed (and the only way I see it being changed is by establishing residence near where the child lives and asking that jurisdiction be changed to there), Texas courts have jurisdiction and you need to deal with them.

One last point. I'm still trying to figure out what rights Texas has denied you. I agree, based on what you have told us, that there was a miscarriage of justice here. Again based on what you have said, I would think primary custody should be awarded to you. But it would appear that you had due process and lost. As for your visitation rights, you do need to go back to the court and ask that a modified visitation schedule be put in place to conform to your new locations. And also ask that she be cited for contempt of court for not allowing you to know where the child is and for limiting your contact.

[this8384]

Michaelf492: “I asked a question of whether would it be considered kidnapping”, I was not accusing anyone, nor was I making accusations.

You brought up kidnapping. Scott didn't, I didn't - you did. So yes, you were giving the insinuation of kidnapping.

Michaelf492:, “How farfetched is ringworm all over the child's body? How farfetched is sores all inside the child's mouth? How farfetched is most of the child's baby teeth had rotted and fallen out and about the only way to induce protein in the diet is peanut butter and doctor prescribed medicine because the child cannot chew with its gums? The allegations were proven, the doctor and CPS testified to the conditions of the child and living area. The doctor provided medical documentation. CPS provided pictures and sworn statements. The child did exhibit malnutrition and poor hygiene.” The allegations were proven.

Yes, but they were proven against the grandparents, not the mother. If a child gets hurt while in daycare, is that the parent's fault?

There has been no anger directed at anyone, except whomever directs or accuses me of making statement without truly reading what is written. Basically reading more than what was written and providing a negative spin on reality. I believe I have asked legitimate intelligent questions, I have provided the most accurate information that I know and have explained in detail the events that have lead me to this site to ask questions.

And then followed up your "detail" with statements like, "You must be a woman." We're trying to help you, you're insulting us.

Michaelf492: “I was relocated from Texas in 2006 to another state by my job, she remained in Texas with the child. I continued to exercise my rights under the court order. In 2007 I was again relocated by my job as where I currently reside outside of the US where as you are correct I was unable to exercise my rights under the court order. The only contact that I have had with the child since 2007 is through e-mail, postal mail and telephonic conversation. I was unable to exercise my rights of visitation because she refuses to meet me at the half way point that is court ordered by the state of Texas. When I call or e-mail she refuses to tell me the address of her relocation. The only way I got the new phone number to her current location was through her parents which provided it to me, but could not give exact location information because it was not provided to them.”

Michaelf492:, “The court order was written in 2003. No amendments. In 2007 I was relocated outside the US by my job. I am a US citizen, my child is a US citizen and the mother is a US citizen, all bound by the laws of the US and the states of the US. Whether you agree or disagree is a mute point. She is required by that court order to transfer that child to half the distance and I travel the other half. The closest half way point is the US terrority known as Guam. However many may disagree, but the court order is not amended nor changed and is not specifically reflective only for half way points in Texas, nor any US state, nor any country.” “The mother refuses to meet half way.”

Again, you misunderstand. The court order stated she had to meet you halfway - when you still lived in Texas. You moved and the court order needs to be modified. And the courts are certainly not going to order your ex to travel to Guam twice a month. That is absurd.

Michaelf492:, “Once again only you misunderstood. Where at any point in the writings from me on this website did I state that because I was relocated by my job that I was identifying fault to the state of Texas?

Where I have highlighted below.

As I stated to Scott when he questioned the 9 months, “I was relocated from Texas in 2006 to another state by my job, she remained in Texas with the child. I continued to exercise my rights under the court order. In 2007 I was again relocated by my job as where I currently reside outside of the US where as you are correct I was unable to exercise my rights under the court order. The only contact that I have had with the child since 2007 is through e-mail, postal mail and telephonic conversation. I was unable to exercise my rights of visitation because she refuses to meet me at the half way point that is court ordered by the state of Texas. When I call or e-mail she refuses to tell me the address of her relocation. The only way I got the new phone number to her current location was through her parents which provided it to me, but could not give exact location information because it was not provided to them.” And yes I am pissed off for Texas not enforcing my rights!

The court order doesn't work the same way when you relocate, especially at such an extreme distance. Sorry, the responsibility lies on you to enforce your rights - not the state of Texas. I guarantee you that if you had filed for contempt against your ex for withholding the child from you, they would have held the hearing, not found your ex in contempt and re-written the order. But of course, you didn't push the issue and are now blaming them for not enforcing your rights.

I am sorry that you lost your child. However, there is not much you can do about it at this point. The courts ruled in what they felt was in the child's best interest. I don't know the why or how, I just know that is what they based their ruling on.

If you truly feel there was bias of some nature, why not file an appeal?